COUNCIL RESOLUTION

of 29 April 2004

on security at European Council meetings and other comparable events

(2004/C 116/06)

THE COUNCIL OF THE EUROPEAN UNION,

Bearing in mind Council Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security(1), and Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(2),

Recalling the Council Conclusions of 13 July 2001 on security at meetings of the European Council and other comparable events,

Emphasising the importance of the security handbook for the use of police authorities and services at international events such as meetings of the European Council, which was approved by the Council at its meeting on 28 and 29 November 2002,

Whereas:

— Member States' authorities responsible for security and public order at European Council meetings and other comparable international events have to ensure that the right of free expression of opinion and the right of peaceful assembly are upheld, while as far as possible preventing interference by those whose aims or actions constitute an offence or involve the use of violence,

— the disturbances that have occurred at some European Council meetings and other comparable international events have restricted full enjoyment of the freedoms enshrined in the European Convention on Human Rights,

— such occasions have shown the need for more effective, better coordinated cooperation at European level between Member States' competent authorities and for police forces to assist one another, subject to national legislation and within the limits of their powers, in preventing and investigating offences,

— subject to national legislation, cooperation between Member States' police forces should also be fostered by means of a targeted exchange of information of use in preventing disruption of public order and for security at events,

— European Council meetings are currently held at the premises of the Council of the European Union in Brussels and the other Member States have to cooperate fully with the authorities of the Kingdom of Belgium and with the Security Office of the General Secretariat of the Council,

— with regard to security at European Council meetings and comparable events, it is necessary to give full effect to the provisions of Joint Action 97/339/JHA, governing some types of police cooperation for events with public order and security implications,

— effective prevention is also achieved through measures taken by the Member States to discourage troublemakers from attending events that take place abroad in connection with the holding of European Council meetings and comparable events,

— security arrangements for international events have on occasion involved recourse to the measures provided for in Article 2(2) of the 1990 Convention implementing the Schengen Agreement (hereafter referred to as the Schengen Convention), thereby possibly causing inconvenience at some border crossings in the host Member State, owing to the large-scale influx of travellers to be checked, and detracting from people's freedom of movement in the European Union,

— the lack of information and alerts on individuals in respect of whom there are well-founded suspicions that they may disrupt the holding of European Council meetings or other comparable international events may inhibit the effective and less onerous application of the measures provided for in Article 2(2) of the Schengen Convention,

— the availability of information regarding such individuals may make it possible to conduct targeted checks to identify them, thereby facilitating the free movement of other people,

— Member States are well aware that the reintroduction of border checks under Article 2(2) of the Schengen Convention is a measure to be applied in accordance with the criteria laid down in the Convention and in full compliance with the Decision of the Executive Committee of 20 December 1995(3),

HEREBY ADOPTS THIS RESOLUTION:

In accordance with national law, Member States are invited to supply the Member State hosting a European Council meeting or another comparable event with any information available to them on movements, in order to be present at that event, by individuals or groups in respect of whom there are substantial grounds for believing that they intend to enter the Member State with the aim of disrupting public order and security at the event or committing offences relating to the event. Such information may also be supplied to the Member States through which such individuals or groups are expected to transit.

In accordance with the provisions of Joint Action 97/339/JHA, information on groups referred to in point 1 should include their overall composition, their routes and their transit and stopping-off points, and their means of transport. The Member State supplying the information may also specify any other relevant details and the level of reliability of the information.

Any Member State applying border controls for the protection of European Council meetings or comparable events, in particular under Article 2(2) of the Schengen Convention, may also take every step to limit, as far as possible, the inconvenience caused by checks on travellers; precedence should accordingly be given to intelligence-led checks focused on individuals in respect of whom there are substantial grounds for believing that they intend to enter the Member State with the aim of disrupting public order and security at the event or committing offences relating to the event.

In order to make it easier for the host Member State to carry out checks focused on travellers, the other Member States are invited to supply any information believed to be of relevance. The information supplied may concern names of individuals in respect of whom there are substantial grounds for believing that they intend to enter the Member State with the aim of disrupting public order and security at the event or committing offences relating to the event, including names of individuals convicted of offences involving disruption of public order at demonstrations or other events, where national legislation allows.

With reference to points 3 and 4, the mere existence of criminal convictions should not automatically justify the adoption of the measures concerning public order and security that are referred to in this Resolution.

The Member State may use the information received under point 4 for the purposes of border checks. Such information may also be used to prevent offences or to ensure public order and security at the event.

Nothing in this Resolution should be interpreted as departing from the principle that the exchange of personal data shall comply with the relevant national and international legislation, bearing in mind the provisions under Title VI of the Schengen Convention and those of the Council of Europe Convention No 108 of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data as well as, where appropriate, the principles set out in Recommendation No R(87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector.

Personal data should be used and kept only until the end of the event for which they were supplied and only for the purposes laid down in this Resolution, unless agreed otherwise with the Member State which supplied the data.

By analogy with the provisions of Joint Action 97/339/JHA, the other Member States may send liaison officers to the host Member State, by specific agreement, in order to assist the local authorities in preparing and implementing security and public order measures.

10.

By specific bilateral agreement with the Member State adopting the measures provided for in Article 2(2) of the Schengen Convention when European Council meetings or other comparable international events are being held within its territory, the checks referred to in point 3 may also, where deemed more appropriate, be carried out with the assistance of liaison officers stationed by Member States at agreed individual border posts.

(1)

OJ L 147, 5.6.1997, p. 1

(2)

OJ 56, 4.4.1964, p. 850

(3)

OJ L 239, 22.9.2000, p. 133